Failure of a State to investigate allegations of torture

Facts

Kuluypa Tashtanova from Kyrgyzstan filed a complaint on behalf of her imprisoned son, Belek Kurmanbekov, claiming his rights were violated under multiple articles of the Covenant. Kurmanbekov was arrested in 2012, subjected to severe beatings and torture by police to extract a confession for crimes he was accused of. Despite evidence of torture and legal appeals, medical and court reports failed to acknowledge the abuse. His trial was marred by procedural issues, including the rejection of requests to exclude evidence obtained through torture. Ultimately, Kurmanbekov was convicted based on the coerced confession, and his appeals were dismissed by the Supreme Court, leaving him without further legal recourse.

The author asserts her son was subjected to police torture aimed at coercing a confession, violating article 7 of the Covenant. She contends that the State party failed to initiate a thorough investigation into the torture allegations, breaching article 2 (3) in conjunction with article 7. Additionally, she argues that her son was detained unlawfully without proper legal basis or timely court appearance, contravening article 9 (1), (3), and (4). She also claims that the substandard conditions of her son’s detention violated article 10 (1) and (2). Finally, she maintains that the State party infringed on article 14 (3) (g) by convicting her son based on a confession obtained under duress.

Admissibility

Despite the State’s claim that the author’s son hadn’t sought to reopen his case with new evidence, the Committee found such remedies to be ineffective due to their discretionary nature. With no further objections to the exhaustion of domestic remedies, the Committee declared the claims under articles 7, 9, 10, and 14 of the Covenant admissible, deciding to proceed with a review of the case’s merits.

Merits

The Committee emphasized the State’s responsibility to ensure detainee safety and the necessity of disproving torture claims. The Committee found that the State failed to investigate the torture allegations effectively, violating the Covenant’s articles related to torture, fair investigation, and fair trial rights due to reliance on the coerced confession.

Recommendations

The State party is obligated, inter alia, to:

a) Take appropriate steps to conduct a prompt and effective investigation into the torture of the author’s son and, if confirmed, to prosecute and punish those responsible; if the allegations of torture are confirmed, take appropriate steps to immediately release the author’s son, quash his conviction and, if necessary, conduct a new trial, in accordance with the principles of fair hearings and other procedural safeguards;

b) Provide the author’s son with adequate compensation for the violations of his rights;

c) Take all steps necessary to prevent similar violations from occurring in the future.

Implementation

Deadline for implementation: 15 November 2023